Topic > The War Powers Act or The War Powers Resolution

The War Powers ActThe War Powers Act or sometimes referred to as the War Powers Resolution is passed by congress. A group of senators led by Jacov K. Javits of New York proposes to radically change the constitutional relationship between the President and Congress in the field of foreign affairs (Rostow). This act is an outgrowth of the Vietnam War and addresses a number of procedures for both the President and Congress in the situation where United States forces abroad could bring the United States into armed conflict. This act can be divided into several parts. The first part states the policy behind the law, and the President's power as commander in chief is exercised only in response to Congress's declaration of war or in response to national emergency; an attack on the United States. The second part requires the President to discuss and consult with Congress before taking action by the U.S. military in hostilities and to continue discussions as long as the U.S. military remains in such conditions. The third part explains that the President should meet the requirements when he wants to bring in the US military. The fourth part is more about the action and procedure of Congress. For example, this part explains the legislation procedure for withdrawing US forces. The fifth part sets out the rules to be used in interpreting the War Power Act. Finally, the sixth part explains the severability provision whereby if there is a part of the law that is invalid, the rest of the law will also not be considered invalid . Anyone wishing to argue that the War Powers Act is unconstitutional must be prepared to explain the purpose of Article I, Section 8 of the Constitution (Carter). Article I, Section 8 clearly states that Congress and Congress shared executive and legislative power. As an executive, the president can command action to be taken with military force. Meanwhile, as a legislature, Congress has the power to declare war. There are some controversies regarding some parts of the War Power Act. However, the War Power Act does not violate the constitution. Works Cited Rostow, Eugene V., “Great Cases Make Bad Law: The War Powers Act” (1972). Faculty Fellowship Series. Paper 2143.Carter, Stephen L., “The Constitutionality of the War Powers Resolution” (1984). Faculty Fellowship Series. Document 2225.Reisman, W. Michael, “War Powers: The Operational Code of Competence” (1989). Faculty Fellowship Series. Paper 742.Mataconis, D. (2011, March 21). Retrieved 2013 from Outside The Beltway: http://www.outsidethebeltway.com/congress-the-president-and-war-powers-under-the-constitution/